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MEMOIR 



BOUNDARY QUESTION 



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PEvrnwa brtwef.h 



THE REPUBLIC OF COSTA RICA 



STATE OF NICARAGUA; 



BY F. MOLINA, 

KNTOY EXTRAOBDINART AND MINISTEH PLEWIPOTENTIARY OF COSTA RICA 
TO TUB GOTEBNMENT OF THE UNITED STATES. 



WASHINGTON: 

GIDEON AND CO., PRINTERS. 

1851. 




MEMOIR 



BOUNDARY QUESTION 



FENDING BETWEEN 



THE REPUBLIC OF COSTA RICA 



STATE OF NICARAUGA; 



BY F: 'MOLINA, 

ENVOY EXTBAOiDINAEy AND MINISTEK PLENIPOTENTIARY OF" COSTA EICA 
TO THE GOVEHNMEHT OF THE UNITED STATES. 






'^•^**LVV«§hto6^?' 



WASHINGTON: 

CIDEON AND CO., PRINTERS, 

1851. 



BTtA] 




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MEMOIR 



BOUNDARY QUESTIONS PENDING BETWEEN THE REPUBLIC OF COSTA 
RICA AND THE STATE OF NICARAGUA. 



The scheme of opening a communication between the Atlantic ana 
Pacific oceans, across the territory of the above mentioned countries, at- 
tracts at present towards them the attention of the civilized world, and 
renders the question of their respective boundaries a matter of general 
interest. In order to form a clear conception of those questions, it is 
necessary to go back to the origin of both countries, to investigate their 
history, and to examine the relations in which they have stood towards 
^ach other during the various periods of their existence. 

This consideration, coupled with the fact of some reports on the state of 
this question having previously been circulated on behalf of Nicaragua, 
induced the author of these pages, in the discharge of his duties as repre- 
sentative of Costa Rica, to publish in Europe, above a year ago, the pre- 
sent account and history of the conflicting claims between the two coun- 
tries. However, as the former editions were in the French and Spanish 
'languages, and have not reached the American public at large, it has 
.'been deemed expedient to put forth an English version, throwing much 
additional light upon the subject, in order to set public opinion right, 
which we regret to observe has been, until now, somewhat unfavorably 
inclined towards Costa Rica. 

Costa Rica and Nicaragua once formed an integral part of what, under 
the Spanish rule, was called " the Kingdom of Guatemala ;" then embrac- 
ing a vast territory, and a numerous population, entitled by its position to 
occupy a respectable rank amongst nations, but which, in consequence of 
internal dissensions, now presents the sad spectacle of several small com- 
munities, divided amongst themselves, and each striving to acquire a sepa- 
-rate political organization. Unfortunately, the links which connected the 
provinces of the old kingdom with their colonial capital were never very 
firmly cemented, owing to the difficulties of communication, the want of 



good roads, and the great distances intervening ; whilst the circumstance 
of each province possessing a certain extent of sea coast, and most of 
them ports on both oceans, seemed to lessen the necessity for their re- 
maining united. It is to the above mentioned causes, combined with the 
influence of the example of the prosperity of the United States, that we must 
ascribe the adoption of the federal system, which our country was not pre- 
pared for, and which transformed the Provinces into independent States 
or political bodies, each one having its own peculiar government. Soon 
their fatal separation took place, and its result has been their ultimately 
becoming what they now are — small independent Republics, completely 
isolated and at variance with each other. It should, however, in justice 
to all parties, be here noticed, as an important feature, that Nicaragua 
more than any one of the five provinces of Central America, signalized 
itself by disunionist tendencies, acting therein under the influence of her 
ancient jealousy of Guatemala, the late capital of the kingdom, and blinded 
by the expectation of securing for herself exclusively the advantages of 
the contemplated inter-oceanic canal. The accuracy of this statement 
will appear in the sequel of this essay. 

Agreeably to our promise, we shall now proceed to lay before the pub- 
lic a detailed account of the case, with reference to the boundaries of 
Costa Rica and Nicaragua. 

But, in the first place, let us concisely state what are the points at 
issue between these two Eepublics. 

1st. Costa Rica maintains that her territory commences at the harbor 
of San Juan, and thence runs along the southern bank of the river of that 
name, up to within fifteen leagues of the Lake of Nicaragua, this being 
the boundary formerly belonging to the jurisdiction of the ancient pro- 
vince of Costa Rica; and she likewise claims the joint right of navigating 
the aforesaid river and lake. Nicaragua pretends that the division line 
ought to be traced from some point midway between San Juan and Matina 
to the river Salto, and claims an exclusive right over the river and lake. 

2d. Costa Rica maintains that the district of Guana^aste has been finally 
incorporated with the Republic, and that consequently the fifteen leagues 
reserved as above stated, together with the shores of Lake Nicaragua, from 
San Carlos to a point opposite the river La Flor, on the Pacific, belong to 
the Costa Rican Republic. Nicaragua refuses to acknowledge the validity 
of the annexation of this district to Costa Rica, and claims Guanacaste as 
a part of her dominion. 

Having thus acquainted the reader with the precise nature of the difFerences 
which we are about to discuss, it is time that we should begin our re- 
searches, dividing this labor into as many parts as the countries in ques- 
tion have experienced marked changes in their political condition. 



5 

COLONIAL PERIOD. 1502—1821. 

The territories now known under the names of Costa Rica and Nicara- 
gua, formerly inhabited by various small tribes of aborigines, were discov- 
ered and settled by different Spanish adventurers. In the course of time, 
the cabinet of Madrid thought proper to form one single province, by 
uniting the two, under the authority of an officer called the Intendant, (In- 
tendente.) That functionary, like those of equal grade existing in Honduras, 
San Salvador, and Chiapas, was subordinate to the captain general of the 
so-called kingdom of Guatemala, who resided in the city of the same name. 
The amalgamation, nevertheless, of Costa Rica and Nicaragua was never 
complete, and the former province always, maintained its own particular 
governor, independent of the Intendant, residing in Leon, in every thing 
relative to questions of war and the administration oi justice, and was only 
subject to his authority in /ncncta/ affairs. The intervening district, former- 
ly called JVicoya, and now Guanacasie, from its chief towns being so 
named, was sometimes placed under the immediate jurisdiction of the 
authorities at Leon, and at other times under that of Cartago, the capital 
of Costa Rica. The traffic of those countries by the Atlantic ocean was 
at that period very insignificant, either through fear of the pirates or 
buccaneers, who infested the coast, or owing to the system of monopoly 
and sequestration observed by Spain. The San Juan, that magnificent 
river, was very little frequented. Military garrisons had only existed at 
San Carlos, where the river issues from the lake, and where a fort was 
constructed, as well as in the place now called Castillo Viejo, on account 
of a ruined fortress near that spot. It was not until the close of the last 
century, '(1796,) that a detachment of troops was placed at the mouth of 
the San Juan. Such a garrison was naturally placed under the immediate 
control of the highest authority of the province, who ruled jointly over 
Costa Rica and Nicaragua, and who resided at Leon. All the aforesaid 
posts were often garrisoned with Costa Rican soldiers. No road existed 
then leading from the table lands of Costa Rica to the mouth of the river, 
while the intercourse between the towns of Nicaragua and the said port 
offered no difficulties, it being but necessary to traverse the lake and 
descend the river in boats. At certain periods of comparative pros- 
perity for Costa Rica, the port of Matina, on the Atlantic, had satisfied 
the necessities of commerce; but frequent descents of pirates had caused 
that port to be neglected. 

It was about that time that the Spanish Government issued a royal decree, 
dated Aranjuez, the '26th. of February, 1796, to the following effect: " His 
Majesty, being desirous that the province of Nicaragua and the other 
provinces of the kingdom of Guatemala, which are situated more thaa 



three hundred leagues distance from the capital, and from the ports of 
Omoa and Santo Tomas de Castilla, may be enabled to carry on a direct 
trade with the mother country, without being subject to the inconveniences 
of a long distance, has been pleased to declare that the harbor of San Juan 
de Nicaragua, on the river of the same name, shall be a port of the second 
class; and it is further provided, that, for the present, such a privilege 
shall be considered as extending to the city of Granada, on the Lake of 
Nicaragua, up to which lake said river is navigable; and consequently all 
the immunities and exemptions, to which San Juan is entitled, shall for 
the present be also enjoyed by the city of Granada." (a) 

The perusal of this decree is sufficient to establish, beyond all question^ 
the right of Costa Rica to the port of San Juan. The object of the privi- 
lege granted to San Juan was to benefit the province of Nicaragua, and 
other provinces, distant upwards of three hundred leagues from the capi- 
tal. In whatever light we may consider this point, it will appear that 
Costa Rica was entitled to the privilege, both as a member of the Inten- 
dancy of Nicaragua, and by its ranking among the provinces distant more 
than three hundred leagues from the capital. Any one casting a glance 
over the map, will acknowledge at once that no country could more large- 
ly profit by the opening of the new port than Costa Rica. The extension 
of the grant to the city of Granada was but a common effect of the Span- 
ish system of erecting interior custom-houses, or '' dry ports." However, 
there is hardly any ground for the inference that it was intended by the 
royal decree to forbid the other provinces, alluded to in the same decree, 
from carrying on a commercial intercourse with Spain by any other route 
than that of Granada. 

The Nicaraguans ^uote another royal decree of the Spanish King, 
granting ten leagues on each bank of the river for the purpose of their 
making settlements on those lands; but even waiving the doubt entertained 
as to the authenticity of the decree, (for no one had heard until lately of 
such a document,) it is evident that, since the persons to whom the supposed 
grant was made, never founded any settlements, they never acquired any 
title over the said lands, and that, if they never complied with the condition 
of the grant, they never became the legal owners of the soil in question; and, 
consequently, that such a decree does not confer on the city of Granada 
any peculiar right, either of jurisdiction or dominion, over the lands ad- 
joining the banks of the river. Every thing remained as it had been be- 
fore; that is, the river under the authority of the general governor of the 

(a) See documents sent by the Government of Nicaragua to the Government of the 
United States; Ex. Doc. No. 75, printed by order of the House of Representatives, in- 
1850, pages 49 and 50. 



province; the northern shore, reputed as a portion of the desert territories, 
occupied by a few wandering tribes, called Zambos and Moscos; and the 
southern shore considered as belonging to Costa Rica. 
We can establish this point on the following authorities : 

BOUNDARIES OP THE ANCIENT PROVINCE OF COSTA RICA. . 
CHARTER GRANTED TO GUTIERREZ, (a) 

According to a charter granted by the King of Spain, under date Ma- 
drid, 29th November, 1540, to Don Diego Gutierrez, for the conquest and 
settlement of the then province of Cartago, the limits and jurisdiction of 
said province are described as extending from sea to sea, and from the 
frontier of Veragua, running to the westward to the great river (Rio 
Grande,) provided that the coast adjoining said river on the side of Hon- 
duras should remain under the government of Honduras, with power to 
Gutierrez to conquer and settle any island in said river which should not 
be previously located by Spaniards; and the right to the navigation, fishe- 
ries, and other advantages of said river j and provided that he (Gutierrez) 
should not approach within fifteen leagues of the Lake of Nicaragua, be- 
cause these fifteen leagues reserved, as well as said lake, were to remain 
in the possession of the government of Nicaragua; but the navigation and 
fisheries, both in that part of the river granted to Gutierrez, as in the 
fifteen leagues reserved, and in the lake, should be possessed in common, 
or conjointly with the inhabitants of Nicaragua. 

Diego Gutierrez having, in virtue of said charter, occupied the country, 
and assumed the title of governor and captain general of the province of 
Cartago, reported to the Emperor Charles V, in a letter dated Cartago, 
30th November, 1543, that he had complied with his Majesty's injunctions 
not to approach within fifteen leagues of the Lake Nicaragua, but that the 
Desaguadero (b) outlet, issuing from said lake, held its. course midway 
through the coast of his government; and that if the liberty to come with- 
in fifteen leagues of the lake were denied to him, the grant would be of 
little value, and he would have spent his fortune without due remunera- 
tion. He therefore requested that his Majesty would issue the necessary 
orders. The then governing prince, being at Valladolid, ordained, under 
date 9th May, 1545, "that every part should be explored and properly 
provided for, and that in the mean time he (Gutierrez) should be guided 
by his charter and instructions." 

(a) Unpublished documents existing in the archives of Spain, of which a certified copy 
is in my possession. F. M. 

(b) Name generally given to the San Juan river in old documents, and meaning the' 
outlet. 



8 
CHARTER GRANTED TO ARTIEDA. (a) 

Another charter was granted by King Philip II, to Don Diego de Artie- 
da, under date Aranjuez, 18th February, 1574; according to which, the 
said Artieda was empowered to explore, settle, and pacify the province 
of Costa Rica, and other lands and provinces comprised within it, from the 
North Sea (Atlantic) to the South Sea (Pacific) in breadth, and from the 
frontier of Nicaragua, in the vicinity of Nicoya, to the valleys of Chiri- 
qui, in the province of Veragua, in length. 

He was appointed governor and captain general of Costa Rica, and of 
the other above mentioned lands, during his own life and that of his heir, 
and the boundary line of his jurisdiction is again described as extending 
*'from the North sea (Atlantic) to the South sea (Pacific) in breadth, and 
from the frontier of Nicaragua, in the vicinity of Nicoya, to the valleys of 
Chiriqui, in the province of Veragua in length towards the south, and 
from the mouths of the Desaguadero (outlet) which is in the direction of 
Nicaragua, all the land running as far as the province of Veragua towards 
the north. 

REPORT OF DE LA HAYA. (b) 

Don Diego De la Haya, governor and captain general of Costa Rica, in 
a report addressed to the Spanish government, under date Cartago, 15th 
March, 1719, writes thus: 

Sire : This province is situated between those of Veragua and Nicaragua, 
and it is bounded, likewise, on the south by the small strip of land called 
"Partido de Nicoya." Its length is 160 leagues, beginning from the river 
Boruca, (which is the division line between it and the jurisdiction of the 
province of Veragua,) and running to the river called the Salto, (c) which 
separates this province from that of Nicaragua. Its width is 60 leagues, 
extending from the valley and coast of Matina on the north, to the port 
of Caldera, watered by the Pacific ocean. The River Tempisque (c) di- 
vides the jurisdiction of this province from the "/jorftc/o (district) and ju- 
risdiction of Nicoya." 

From De la Haya's statement it appears that the Costa Ricans had sub- 
dued the tribe of Talamancas, occupying that part of the country which 

(a) Unpublished documents existing in the archives of Spain, of which a certified copy 
is in my possession. F. M. 

(b) Unpublished documents existing in the archives of Spain, of which a certified copy 
is in my possession. F. M. 

(c) The river Salto takes the name of Tempisque when approaching the Pacific, where 
it discharges its waters into the Gulf of Nicoya, at its corner called El Bolson, the large 
tag:, from its shape. 



lies between the Bay of Boca Toro and the Golfo Dulce, and had erected 
at the lower end of the aforesaid bay the city of Conception, on the river 
Estrella, and other towns. He mentions that in some places the breadth 
of Costa Rica from sea to sea did not exceed twenty leagues. "The pro- 
vince of Talamanca," he says, "is a continuation of this in an easterly di- 
rection. On this portion of the coast Boca Toro bay and Almirante's bay 
are situated." 

JUARROS' STATISTICAL AND COMMERCIAL HISTORY OF THE KING- 
DOM OP GUATEMALA, (a) 

<< Costa Rica, (he states,) extends from the river Salto, which separates 
it from Nicaragua, to the district of Cbiriqui in the jurisdiction of Veragua, 
(New Granada,) a distance of 160 leagues from west to east, and from the 
Atlantic to the Pacific ocean, about 60 leagues. Its limit on the Atlantic 
is from the mouth of the river San Juan to the little island, called "Escudo 
de Veragua," and on the Pacific from the mouth of the river Alvarado, (b) 
the boundary of the province of Nicaragua, to the river Boruca, which ter- 
minates the Kingdom of Tierra Firme, (New Granada,) to the westward." 

HERRERA'S DECADES OF THE CONaUEST OF AMERICA. Edition of 1725. 

Costa Rica. — " This province and government, the easternmost of 
Spanish North America and of the Kingdom of Guatemala, may be 90 
leagues in length from east to west, from the limits of Veragua to the 
limits of Nicaragua, to which latter province it is adjoining on the north 
and on the west * » * * it has ports and landing places on both 
oceans, there being many rivers in the distance intervening between 
Nicaragua and Veragua, belonging to this government, and the bays of 
San Geronimo and Caribaco, (Boca Toro), close to the boundary with 
Veragua * * * * ." 



(a) Spanish edition published in Guatemala, 1812. English translation by J. Baily, 
published in London, 1823. 

(b) According to Baily'a map of Central America, published in London by Trelawney 
Saunders, the Mvarado is a different river from the J^icoya or Salto. The former empties 
its waters into the Gulf of Papagayo, the latter into the Gulf of Nicoya; and is likewise 
called Tempisque river. The natives now-a-days give the names Tempisque and J^ieoya to 
that part of the river which is near the sea; that of Salto where it is far inland. (See an- 
nexed chart.) Juarros himself considers the Alvarado and the Mcoya as two different 
rivers. Speaking of Nicaragua, he mentions them both as separating that province frota 
Costa Rica. (Page 61.) 



10 

ALCEDO'S GEOGRAPHICAL AND HISTORLGAL DICTIONARY OF THE 
NEW WORLD. Edition of Madrid, 1786. 

Costa Rica. — " A province and government of the Kingdom of Guate- 
mala, in the Spanish possessions of North America; it is adjoining on the 
north and west that of Nicaragua; on the southeast it is bounded by the 
province of Veragua, in the kingdom of Terra Firma; on the SW. and 
NW. it is watered by the Pacific ocean, and on the NE. by the Atlantic 
ocean. It is nearly 90 leagues in length from east to west, and 60 leagues 
in breadth from north to south. * * * # jt has ports both on the At- 
lantic and on the Pacific, and the magnificent bays called San Geronimo 
and Caribaco, (Boca Toro,) are belonging to it * * * * " 

Chiriqui. — "This very name is likewise given to a river of this prov- 
ince (he has just been treating of the province of Chiriqui) which has its 
origin on the mountains lying on the southern side, and it directs its course 
to the Pacific ocean, marking the division line of this province from that 
of Costa Rica in the Kingdom of Guatemala." 

Nicaragua. — "It is bounded on the south by Costa Rica. It is fifty 
leagues in length from east to west, and about as much in breadth from 
north to south." 

FIRST CONSTITUTION OF COSTA RICA. 

"The territory of the State extends/or the present from the river Salto, 
which divides it from Nicaragua, to the river Chiriqui, bounding the Re- 
public of Columbia. Its limits on the Atlantic are from the mouth of the 
river San Juan to the Escudo de Veragua; and on the Pacific, from the 
river Alvarado to that of Chiriqui." The first constitution of the State of 
Costa Rica was issued on the 21st of January, 1825. The Costa Ricans, 
at that time, already expected that the Federal Congress, when fixing the 
boundaries of the State, would annex Guanacaste to Costa Rica. This is 
the reason why they qualified the Salto frontier as only /or the time being 
or ad interim. If, furtheron, the mouth only of the San Juan is spoken of, 
this does not imply that the territory of Costa Rica stopped there, and did 
not extend along the southern bank of said river." 

SECOND PERIOD. 1821—1823. INDEPENDENCE AND MEXICAN 

EMPIRE. 

The right inherent to every independent society, whether great or small, 
of disposing of its own destinies, and procuring for itself the greatest pos- 
sible amount of happiness, admits of no question, nor can it be circum- 
scribed within arbitrary limits. Other principles, nevertheless, modify 



11 

the exercise of such a right : 1st. That of the preservation or maintenance 
of the statu quo, the normal condition or order of things abeady estab- 
lished. 2d. The power of carrying into effect and sustaining the changes 
which it may be designed or intended to be done. A small portion 
of any society should never aspire (indeed it would not be advisable 
for it to aspire) to changes or transformations, whilst the great mass of that 
society remained indifferent thereto; and should such changes become ab- 
solutely necessary to the minority, it should never undertake them with- 
out possessing the means of carrying them into execution, either through 
its own efforts or assisted by its allies or associates. Such a right, belong- 
ing to every town or village; to every district, department, or province; to 
every State or nation, when providing for its own welfare, authorizes them 
to transform, combine, and separate themselves in whatever manner and 
whenever they think best; to join together in order to form a large society; 
to separate from the mass with which they were formerly consolidated, 
with a view to become independent communities; to withdraw from certain 
centres, and to attach themselves to new ones. Such a right, indeed, finds 
no limit, except in the power of exercising it. (a) 

The Spanish colonies in America, agreeably to this rule, claimed the 
power of declaring themselves independent of the mother country. The 
particular provinces of some of the colonies have likewise asserted this 
power, and in many instances withdrawn from the authority of their 
colonial capital. Provinces have been split into fragments, and nume- 
rous other transformations have taken place. The kingdom of Guatema- 
la, comprising amongst others the provinces of Nicaragua and Costa Rica, 
made use of such a right by severing the ties of connexion with the 
mother country. The Intendency of Costa Rica and Nicaragua seceded 
from her former colonial centre, the city of Guatemala; the Intendency 
was dissolved by its own act, by the disjunction of its two great members, 
Nicaragua and Costa Rica; and, finally, the district of Nicoya, which seemed 
to have been designed by nature to form a portion of the latter State, ad- 
hered to it, instead of joining the former. To deny that it possessed such 
a right would be inconsistent with the rules of logic and sound principles. 
To assert that it did not exercise it, of its own free will, would be to con- 
tradict a historical fact. The inhabitants of Guanacaste, (by which name we 
shall hereafter designate this district,) took of their own accord the reso- 
lution of joining Costa Rica, without a single soldier of the latter country 

(a) We are far from advocating secession or the dismemberment or dissolution of a 
country. On the contrary, we hold that a majority is justified to restrain a refractory 
minority in certain cases; and that the formation of great communities is necessary for the 
advance of civilization. When pleading the natural right of the people, we presume a dis- 
4)rganized condition of society. 



12 

being on the soil of the district in question, and when they had nothing to 
fear from a State so essentially pacific. Without looking for examples to 
any other country, Central America herself presents several cases, 
(although none so striking or so justifiable as that of Guanacaste) of the 
exercise of this primordial right. For instance, there is the old province 
of Chiapas, which refused to enter into the Central American confedera- 
tion, and annexed itself to Mexico. Soconusco, a portion of Chiapas, 
persevered in continuing united to Guatemala, in spite of the resolution 
of the chief town of the Intendency of Chiapas, and remained neutral, 
by subsequent international agreement between Mexico and Central Ame- 
rica, until Mexico arbitrarily occupied it in 1841, in consequence of the 
dissolution of the Federal Government in Central America. Sonsonate, a 
district formerly belonging to the Intendency of Guatemala, and governed 
by the captain general of the kingdom, annexed itself, in 1823, to the 
then newly formed State of San Salvador. It is said, that the force of 
arms has been employed in all these latter instances, (save the case of 
Soconusco, in 1823.) But no impartial person has ever made such a 
statement in regard to Guanacaste. 

During the period referred to, namely, soon after the proclamation of 
independence, two parties sprung up, the one composed of those desiring 
to create an independent nation, composed of the provinces formerly com- 
prised within the kingdom of Guatemala, and the other preferring incor- 
poration with the improvised empire of Mexico. The imperialists were 
speedily defeated in Costa Rica, where the supreme authority was provi- 
sionally placed in the hands of a provincial deputation or assembly. This 
was not the case with Nicaragua. There the contest was kept up for a 
considerable time, between the different towns, every one of which may 
be said to have had its own separate government, and peculiar adminis- 
tration. The district of Guanacaste, during that interval, maintained, 
like many others, an existence entirely independent of Leon, its old pro- 
vincial centre. 

The partido of Nicoya, or district of Guanacaste, lying between Nica- 
ragua and Costa Rica, possessed, according to the best authorities, the 
following limits : 

BOUNDARIES OF GUANACASTE. 

Juarros, the historian of the country, when describing the limits of the 
district of Nicoya, now called Guanacaste, states that " it is contiguous 
on the westward to the corregimiento or alcaldia mayor of Sutiava, that 
it is watered on the south by the Pacific ocean ; on the north by the Lake 
of Nicaragua; and that it stretches eastward as far as the boundaries of 
Costa Rica." 



13 

Alcedo, in his above quoted Geographical Dictionary, published in 
1788, describes thus the department of Nicoya : 

" A province and alcaldia mayor of the kingdom of Guatemala, in Spanish North Ame- 
rica ; its boundaries being on the east the province of Costa Rica ; on the north the Lake 
of Nicaragua ; on the west and south the Pacific ocean ; it is of very small extension; and 
is considered as a partido (district) of the province of Nicaragua ; the governor of which 
appoints its alcalde mayor as his deputy." 

The river La Flor was then the recognised division line between Sutiava 
and Nicoya, as shown by the land titles of the estates or farms lying on 
either side of that frontier, and as practically established from time imme- 
morial for the local administration of the respective parishes. 

THIRD PERIOD— FEDERATION. 1823-1840. 

On the downfall of the Imperial Government, the Mexican general who 
was in command in Guatemala, acknowledging the impossibility of main- 
taining those countries in subjection to Mexico, convoked a constituent 
assembly, composed of representatives from all the provinces of the old 
kingdom of Guatemala. The provinces responded to his call ; the Con- 
gress met, adopted the federal system, and decided that the several pro- 
vinces should be at liberty to organize their peculiar governments as free 
States of the future federation. Costa Rica, in accordance with those 
enactments, was to form one State, and Nicaragua another. The district 
of Guanacaste was to become a portion of the latter ; but whilst Costa 
Rica succeeded in organizing itself speedily and peacefully, civil discord 
raged furiously in Nicaragua. The inhabitants of Guanacaste on this ac- 
count, in order to avoid the ravages of anarchy, determined in 1824 to 
annex themselves to Costa Rica, at that period already possessing an ad- 
ministration of her own as a State; Costa Rica gave her assent to the an- 
nexation in 1825, and the Federal Congress sanctioned it on the 9th of 
December, 1825; that annexation thus acquiring all the force of a consti- 
tutional accomplished fact. Nicaragua, in the mean time, was not able to 
frame and promulgate its constitution, nor establish its particular form of 
gOTernment until April, 1826. (a) 

Republicans, who hold that the will of the people is the supreme law 
of society, cannot raise any question as to the validity of the annexation 
of Guanacaste to Costa Rica, without contradicting their own political 
creed. Whilst those who believe in "the divine right of kinffs" and in 
the transmission of authority, will incline to the opinion that Guanacaste 
tught to belong to Spain, the mother country, should it not be considered 
as belonging to Costa Rica. 

(a) Efemerides de los sucesos mas notables ocurridos en Centra America por Alejandro 
Marure. Guatemala, 1844. 



14 

Guanacaste did formerly belong to the Province, but never to the State, 
of Nicaragua. The celebrated American author, Mr. Wheaton, in his 
*' Elements of International Law," (a) gives the following definitions of 
what constitutes a State. 

" Sovereignty is acquired by a State, either at the origin of the society of which it is 
composed, or when it separates itself from the community of which it previously formed a 
part and on which it was dependent." Page 56. 

" A new State springing into existence does not require the recognition of other States 
to confirm its internal sovereignty. The existence of the State de facto is sufficient in this 
respect to establish its sovereignty de jure. It is a State because it exists." Ibid. 

" The habitual obedience of the members of a society to a common political authority 
must have once existed in order to constitute a sovereign State." Page 58. 

According to the doctrine, thus quoted, it is obvious that Nicaragua was 
not a State until 1826, one year after Guanacaste had joined Costa Rica ; 
and, consequently, the former has no reasonable title to claim the allegiance 
-of that district. 

Even if it should be argued that a representative of Guanacaste was 
sitting, and took part in the proceedings of the constitutional assembly or 
convention of Nicaragua, this could only prove that the district in question 
might have formed a portion of the new State of Nicaragua, had not 
anarchy and civil war, in that country, deterred it from so doing. But 
the directly and solemnly expressed desire of the inhabitants of Guana- 
caste, in favor of their annexation to Costa Rica, which determination 
they carried into immediate execution, is a stronger argument than 
the accidental presence of a representative from that district, in the first 
convention of Nicaragua. There were also in the federal Congress rep- 
resentatives from all the towns of Nicaragua and Guanacaste, and the an- 
nexation of this district to Costa Rica was sanctioned with their concur- 
rence. 

We beg leave to transcribe here in full that important resolution of the 
federal legislature. It runs thus ; 

" The President of the Federal Republic of Central America. , 

"^Whereas the Congress (House of Representatives) has passed, and the Senate has 
•confirmed, the following decree: 

" The Congress of the Federal Republic of Central America having duly considered (1) 
the reiterated petitions addressed by the authorities and municipal corporations of the 
district of Nicoya, praying that this district be dismembered from the State of Nicaragua, 
and annexed to the State of Costa Rica, (2) The de facto union that the people of the same 
district have actually effected (b) with the aforesaid State of Costa Rica, during the distur- 
bances of Nicaragua; and (3) the geographical situation of the above mentioned district, 
decrees as follows: 



(a) Third edition, Philadelphia, 1846- 
<b) In 1824. 



15 

" Article 1st. For the present, and until such a day when the demarcation of the territory 
of each State shall be decided upon in compliance with the 7th article of the constitution, 
the district of Nicoya shall continue to be separated from the State of Nicaragua, and in- 
corporated with the State of Costa Rica. 

" Article 2d. The aforesaid district shall, in consequence, recognise the authorities of 
Costa Rica as its own; and shall have, in the legislature of that State, the representatives it 
may be entitled to. 

" Article 3d. The present decree shall be communicated to the respective legislatures of 
Nicaragua and Costa Rica. 
"To the Senate. 

" Issued in Guatemala, on the ninth of December of the year one thousand eight hun- 
dred and twenty-five. 

" MANUEL FRANCISCO PA VON, 

" President, 
" JOSE FRANCISCO DE CORDOVA, 

" Representative Secretary, 
"MARIANO GALVEZ, 

" Representative Secretary. 
*' House of the Senate, Guatemala, 18th March, 1826. 
" To the executive. 

" MARIANO BELTRANENA, 

" JUAN DE LOS SANTOS MADRIZ, 

" Senator Secretary. 
" National Palace, Guatemala, 18th March, 1826. 
" Wherefore, let it be executed. 

" MANUEL JOSE ARCE, 
" By order of the President. 

"JUAN FRANCISCO SOSA, 
" Secretary of State in the Department of Internal a7id External Relations." 

It cannot be denied that the decree we have just perused only bears the 
character of a provisional measure ''until the Federal Congress, making 
use of the power vested in it by the seventh article of the constitution of the 
Republic, should finally fix the respective boundaries of the States."* 
Nothing could better accord with the principles of the federal constitution 
adopted than the provision in question. That honorable body, having a due 
regard for the freely expressed opinion of the people of Guanacaste, postpon- 
ed, nevertheless, to a future day the discussion of that important subject, 
in order to give it a more mature and deliberate consideration. 

It may be alleged that Nicaragua, in virtue of this measure, still nourish- 
ed the hope of acquiring Guanacaste at some future period; but such a 
hope only rested upon chance, and was far from constituting a right, since 
Congress could have adopted other and entirely different combinations, 
such as making Guanacaste a federal territory, raising it to the rank of a 

*Article 7th of the federal constitution, issued on the 22d November, 1824, ordained 
" the limits of the territory of each State shall be fixed by a law which shall be considered 
as part of the constitution in presence of all the information necessary." 



16 

new State by dismembering, in order to render it stronger, a part of Costa 
Rica and Nicaragua, or making a State of the whole three combined. 
The most probable supposition, however, is, that had the federal Con- 
gress continued in existence, it would have finally confirmed the wishes 
of the inhabitants of Guanacaste, viz., their annexation to Costa Rica, as 
the most suitable arrangement for their own and the general interest. 

With regard to San Juan, one of the first acts of the federal Govern- 
ment was to establish a military garrison, and subsequently a custom- 
house, on the mouth of that river. These establishments were at first 
placed on the southern, and subsequently on the northern, side of the bay 
formed by the river at the point where it flows into the Atlantic ocean. 
No municipal corporation, however, was ever created there, nor did 
Nicaragua ever exercise any local jurisdiction, either at the mouth or at 
any other point on the river. Costa Rica, in the mean time, had discover- 
ed, as early as 1821, that a communication could be opened with San 
Juan by the way of the Sarapiqui river. A mule road was constructed, 
and the Costa Ricans commenced a regular trade in that direction, on the 
same footing and terms as the inhabitants of Nicaragua. The use of the 
port was open to every body, and consequently, as long as the federal 
union was preserved, the question of boundaries was not agitated, nor 
was there at that period any occasion for raising it. 

THIRD PERIOD. 1840—1847. 
TRANSFORMATION OF FEDERAL STATES INTO SEPARATE INDEPENDENT 

REPUBLICS. 

The annals of Central America will ever record the active part the 
Nicaraguans took in the dissolution of the national government after hav- 
ing, from beginning to end, manifested little obedience to the federal 
constitution and laws. Costa Rica, on the contrary, was remarkable for 
her strict adherence to the federal compact; but, unable to prevent the ap- 
proaching crisis, she at last was compelled, though in a rather passive 
manner, to follow the general example, and to acquiesce in the proposed 
change, preparing herself from that moment for the disputes, which it was 
easy to foresee would soon arise with the Nicaraguans, whose ambitious 
views could not be concealed from her. 

Guanacaste, when the change in the institutions of the Central Ameri- 
can States to which we are alluding took place, again exercised (a) the 



(a) All its parishes acceded to the act of 27th May, 1838, and by its representatives "in 
the general convention of the State which met for that purpose, concurred in the declara- 
tion given by that convention on the 14th November of the same year that the people of 
Costa Rica assumed the full exercise of their sovereignty. — Marure's Efemkrides. 



17 

light of disposing of its own destinies, and declared its intention to remain 
attached to Costa Rica. The federal compact having been annulled, Con- 
gress dissolved, and the federal administration, against which Nicaragua 
had shown such a spirit of hostility being at an end, the reserve imposed 
by Congress in regard to Guanacaste ceased likewise to exist; that district 
again recovered its natural liberty, and Costa Rica was justified, agreeably 
to the wishes of the district, in regarding it as finally incorporated in, 
and declaring it to be an intregal portion of, her territory. 

In fact, the reserve established by the Federal Congress in regard to 
Guanacaste disappeared at the very moment when the national adminis- 
tration was dissolved. The one cannot exist without the other. If we 
grant, therefore, for the sake of argument, that the reserve exists, it would 
€nsuethat the provisions of the federal constitution of 1824 ought in every 
respect to be carried out. In virtue of that system, the federal authorities 
were the only competent ones to conclude contracts for the inter-oceanic 
canal communication, to accredit representatives abroad, &c., &c.; and of 
course all the acts of Nicaragua during latter years would, in such a case, 
become null and void. If the federal laws are to be observed in one in- 
stance, let us abide by them in all. 

The mistake of the Nicaraguans is, that they pretend to apply to the 
present condition of things that which only belonged to a former state of 
things. They claim to possess now, as a sovereign Republic, the same 
rights that they possessed when a Province of Spain, and entertain the 
expectations which they nourished while yet a simple State in the fede- 
ration of Central America. 

Circumstances, nevertheless, counselled the Costa Rican Government 
to be extremely cautious and circumspect in its conduct. The Costa 
Ricans, as it is well known, are a very industrious and quiet people, en- 
tirely devoted to agriculture and commerce, depending for their living on 
the exportation of the valuable productions of the country. Their power 
lies in a small district situated in the midst of a vast territory upon the 
high table lands formed by the mountain ranges. Any war with their 
neighbors, or blockade, would, consequently, prove ruinous to their inter- 
ests, even in the event, (as would probably be the case,) of their being 
victorious. Hence their endeavors to avoid hostilities, not so much from 
fear of the issue, as from fear of the disastrous consequences. They think 
that men should not spend their lives in fratricidal struggles, but rather in 
improving their social condition by dint of labor and industry. 

Nicaragua presents the reverse of this picture. Her inhabitants, pos- 
sessing many good and noble qualities, have shown a lamentable fondness 
for war and domestic broils, both amongst themselves and with their 

neighbors; scattered over a large extent of country, their general occupa- 
o 



18 

tion is the rearing of cattle, which seems to form, almost exclusively^ 
their means of subsistence. It is therefore obvious, that they are in a 
position to carry on a protracted war without any great inconvenience to 
themselves. 

This explains why Costa Rica has for a long time abstained from claim- 
ing her rights to Guanacaste, in their full extent, and also why she has 
condescended to propose negotiations and compromises, in order to avoid 
a war with Nicaragua. Such a course should not be considered as indi- 
cating a doubt in regard to her right, or a hesitation on her part to main- 
tain the same. It is further to be remembered, that whilst there remained 
any hope of the Federal Union being restored, it was very proper for 
Costa Rica to declare, as she did, without insincerity or humiliation, in her 
constitution of 1843, " that the boundaries of Nicaragua would be ulti- 
mately fixed, when the National Convention (as it was then expected) 
should meet, and when that body should have tried the justice of her 
claims." It was very natural to say, in order to avoid provoliing the sus- 
ceptibility of the Nicaraguans, that Costa Rica would keep the district of 
Guanacaste as a deposit, confided by the National Congress, not to be 
given back but with the consent of the depositor. 

On the final dissolution of the federal powers, the Government of Ni- 
caragua, as the nearest to the port of San Juan, took possession of the 
custom-house existing there, and began to levy, most presumptuously and 
injudiciously, a high duty of transit on all merchandise passing to and 
from Costa Rica. The latter country abstained at that time from remon- 
strating against such a proceeding, on account of the considerations above 
stated, in the hope that the Union might yet be organized, and from the 
circumstance that all the trade of Costa Rica was at that time carried on 
through the Pacific. 

During the period to which we allude, three embassies have been sent, 
with a view to settling the questions between the two countries, to witr 
1st. That of Mr. Oreamuno, envoy from Costa Rica to Leon. 2d. That 
of Mr. Tijerino, envoy from Nicaragua to San Jose; and 3d. That of 
Messrs. Madriz and Escalante, sent from Costa Rica to Nicaragua. We 
shall treat of each separately. 

The first of these emissaries proceeded to Leon just on the dissolution 
of the Federal Government, and when Nicaragua was engaged in the re- 
vision of its State constitution, wherein it was intended to declare the river 
Salto as the boundary with Costa Rica. Mr. Oreamuno required the re- 
cognition of the perpetual annexation of Guanacaste to Costa Rica; and 
announced the determination on the part of the State he represented to 
assert, as a boundary line, San Juan and the great lake, as far as La Flor. 
The Government of Nicaragrua could not avoid takins; his communication 



19 

into consideration, but it finally agreed to let those points be passed in 
silence, and declared in the new constitution, "that the boundary lines 
with the neighboring States should be fixed at a future period, by a law 
which would be considered as forming an additional article to the consti- 
tution." The commissioner retired without having arrived at a satisfac- 
tory settlement. 

Even in those circumstances of agitation and alarm, not a single in- 
stance can be pointed out of the people of Guanacaste showing any 
symptoms of dissatisfaction on account of their annexation to Costa Rica; 
still less of their having petitioned Nicaragua to demand the return of the 
district to that State, as belonging to its dominions. Let any one, who 
insinuates the contrary, present the documents containing such manifesta- 
tions or petitions. It would not be consistent with truth, either to assert 
that Costa Rica has controlled, by coercive measures, the free will of the 
inhabitants of Guanacaste, since the former country has never kept, nor 
does it possess the means of keeping, in that district an armed force, suffi- 
cient to restrain the movements of the population of the district. 

It was under the auspices of an alliance with Nicaragua that the late 
Governor Carrillo established his dictatorship in Costa Rica. That admin- 
istration, in many respects very beneficial to the country, lasted from 
1839 to 1842, and contributed to develop in the Costa Rican people a 
spirit of absolute independence, without any endeavor having been made 
by Nicaragua to check its growth by an opposite policy. However, as the 
government of Carrillo was strong, whilst Nicaragua was enfeebled hy 
actual disturbances and by her previous wars, the moment did not appear 
propitious for the latter State to put forward any claim. 

But Carrillo's power having been overthrown by Morazan, who, in his 
schemes for reorganizing the national Union, threatened the existence of 
all the State governments, and consequently induced them to take up arms 
simultaneously, Nicaragua thought the contingency a very favorable one 
for asserting her exaggerated pretensions; and, by a decree dated the 4th 
of June, 1842, the legislature of the State empowered the Executive to 
take possession of Guanacaste. 

On the defeat of Morazan's attempt, and when that illustrious warrior 
had met an untimely fate through the general rising of the towns of Costa 
Rica, the moment appeared still more favorable to carry into execution 
the above mentioned decree. And we now observe Mr. Tijerino's arrival 
in San Jose as envoy from Nicaragua, for the sole purpose of demanding 
the return of Guanacaste, without proposing any measures by which a 
compromise could be effected. The proposal of Costa Rica to refer the 
question to the legislatures of two States having been declined, it will 
readily be inferred that the mission had no other result than useless pro- 
tests and counter protests. Every thing remained in statu quo. 



20 

We have already stated the reasons which Costa Rica had for retaining 
the possession of Guanacaste as a deposite made by the Federal Govern- 
ment. This has given rise to the following reasoning: "Well, if it was a 
deposit, it must be given back to its owner, and that owner is Nicaragua. 
It cannot be refused on the plea that the depositor (the late Federal Con- 
gress) is no more; for Nicaragua is entitled to recover it under any cir- 
cumstances, just as a minor, whom nobody can keep from the possession 
of his property, on his emancipation or on becoming of age, even if his 
tutor, or guardian, or trustee, should have disappeared." 

We should briefly reply to such sophistry — that the State of Nicaragua 
was never the owner of Nicoya or Guanacaste. A people or a country 
can never be considered as inanimate things. In the present instance, if 
the depositor (the Federal Congress) is no more, the deposit itself, com- 
posed of rational beings, is the only power on whom the right of disposing 
of its own destinies has devolved.* 

On the return of Mr. Tijerino to Nicaragua, a ministerial correspondence 
was kept up between the two Cabinets of Leon and San Jose, in which 
we find a communication addressed from the former to the latter, under 
date of July 18, 1843, signed F. Castellon, observing that, in the new 
constitution which the convention or constituent assembly (the fourth con- 
vention) of Costa Rica was then framing, the article describing the terri- 
tory was drawn as follows: 

"The State considers as the limits of its territory: on the west, the mouth of the river 
La Flor, and thence running along the shores of Lake Nicaragua and the banks of the 
river San Juan, as far as the mouth of this river on the Atlantic; on the north, the Atlantic 
coast from the mouth of San Juan to the island Escudo de Veragua ; on the east, from 
the last mentioned point to the river Chiriqui; and, on the south, from the mouth of the 
ilatter river to that of river La Flor." 

Nicaragua complained that the above declaration was injurious to her 
rights, and expressed the desire " to have the questions amicably decided 
by the means already proposed, which were worthy of consideration." (a) 

The Costa Rican Assembly consequently, as a mark of regard for the 
sister State, added to the declaration the following words ; " Provided, 
that the frontier on the side of Nicaragua, shall be finally fixed when 
Costa Rica shall have been heard by her representatives in a National Con- 
vention of all the States, or when, this convention failing to meet, the 
affair shall have been submitted to the impartial judgment of one or more 
States of the Republic." 



»The district contains nearly 10,000 inhabitants. 

(a) See Mr. Castellon 's (the Minister of Nicaragua,) report, page 293, Ex. Doc, No. 
75, printed by order of the 31st Congress, 1st session, of the United States. 



21 

Tie Gorenunqit of lli ciiagtu appeared to be satisfied wiflbi 
and the raro cu un tr ies tims cootracted a suiejuu en^ageiBi^it to let et^err 
tfriTig remain as it was, to abide bj the dec»0B of a tl&rd partr, aai Bit 
to dispose of the £^Mted fexritocj. 

Co=ta Sica absfaiiied from anj ptocee&ig ra¥ rijlril to destn^ft^ 

to act as in (1S44) tfae fbll exercse of awat ^a tj , by scsfirr 

abroad. She asked, as it is notociT^. ^? protectorate rf ^ ^ . 

Loois Phillipe, of France. Tii.: l^beeafeBT .:. Ca*- 

teDoru ber repcesexitatnre. " wiA a 1 

for the canstzQcfiaB of tj jetwoc 

years after. Mr. Marcale-i : :zpaatj, eamtimie: ^ ::- 

tract with Frince Louis X: .-isoeer at Hi: 

cofioD of that enterprise. ~. ia book ? 

Joan river and oa the lake, a large ex:- -, ami cc:. -- 

posn^ of tuiiituues daisr . : i:iiz:= ; z 

both States at least, if DC : - i 

In this way X tcatJ ^w a msi ociy was : : .^ ^i^ ME 9 

?2ve the final blow to ttr '" 7 7 t -'- i^^i^fe ''iA 

powers CB ber awn aad &: . 

Ahhoagh by so doBi^ we sz roBolagical order «f 

events, we will add in tte piac-; _ - - - ^,pgg^ 

manifested by 'Sieaagaa. fa 1S4" : ^ r 1 r . ~ w^ Ae 

of the MaeqaaAo Kb^. lii 1S4S, tt^ 1 ; r ; . _ was occa- 

pied Boderifae antbority :: -e ^r:i nizirrrs 

alxmd, aad took apoo her- r ; ^ 7 : — :: 

Great KifasB, instead of acti^ in GOBcen wiv 17. ir:- 

seif. has aa eqaal dtrnm to tbat pott. ": 5 7 1 : t 

grants, coocesEaoBS, aad caB ii j t.ta of vac . . t : r _ t 

to Costa Kica, baft wiftAseckaK Md Z :: tr i^i 

Such hare be^ Ae 
some phia:ses &om fte reptxt < 
kn,') which tbe Stale cf likaz^ax bas 
its Isother, from "^«^?ni it b3s recs^ed 
and kindness ! ! ! 



,s' See £83«dos o£ dodizejis pcniiEd by araer cf lie Ccc^rss ge se Uz-icC Senas, 
eaci^ed - Sis Cocgress. Isi sess., Ex. Dcc^ Xo- 75. p&£s 367."' 

(b) "Wfiai lias beea scpclr:£C ir: ihia srrs^masi. 'silaac&iBiai&eGiawemBcc: "' 
"^^TrBni;7~r fhw niiiiirirnnir_ '^ij imr iiirr rf 1 rnwi—" 11 rm iii 1 w 1 TTi 1 TTi rti ii i i i i i M ij mj , 1 ' 1 
tuyneuaa ttteaeaeiffigs.'* TVnifrr -inir wr -1ri- f !■■! mf nihi. iiiii Tlir Tifi Mmii ft . ' ' -~ 

(c) See eotraete iwA Mr- Wh 1 liii lijii, Bfewra, Wlae, Ae-, fe., 4a. 



22 

Such has been the care taken by Nicaragua against the dismember- 
ment of the territory of Central America, and her sense of the existence 
of that cherished Union to which (in her own words) the territories in 
question have always belonged, and ought to belong ! ! ! 

But, what is the value of professions, when these are contradicted by 
facts ? 

Under such circumstances, Costa Rica could no longer remain inactive 
on the faith of an entente cordiale which had been violated by the other 
party. 

She was placed under the necessity, by the ambition of Nicaragua, of 
taking extraordinary measures for asserting her rights finally and boldly. 

But to continue the thread of our narrative. The third mission was that 
of Messrs, Escalante and Madriz, sent from Costa Rica to Nicaragua, in 
1846. Costa Rica at that time was laboring under commercial distress. 
After having applied all its energies to the cultivation of coffee, the mar- 
kets happened to be, that year, exceedingly bad; and it was thought that, 
so long as the produce of the country was sent to Europe by the long and 
circuitous route of Cape Horn, we could not, on account of the very heavy 
freights, insurances, interests, &c., we were compelled to pay, sustain the 
competition with other countries supplying the same article. It was con- 
sequently deemed necessary to contrive the rreans of shipping our exports 
on the Atlantic ocean. Matina not answering such a purpose, on account 
of its not affording the necessary conveniencies of a good port, the Costa 
Ricans came to the conclusion that the only available means would be a route 
leading to the port of San Juan, then in the possession of the Nicaraguans. 

Consequently Costa Rica, though possessing an equal right with Nicara- 
gua to the use of the port of San Juan, yet animated by a desire for the 
preservation of peace and a mutual good understanding, determined to 
send a new mission, composed of the above named gentlemen, (two of her 
most eminent citizens,) for the purpose of making the proper arrange- 
ments, respecting the port in question, with the Government of Nicaragua. 
But that Government adopted a course which can only be accounted for 
by the want of a proper appreciation of its own interests, as well as by 
the want of any true fraternal regard for Costa Rica. 

Nicaragua demanded that the Guanacaste question should at once be 
discussed, and the idea was then broached for the first time, that the only 
recognised boundary of Costa Rica on the Atlantic side was Matina; 
and that the waste lands comprised between that port and San Juan be- 
longed equally to the two countries. 

Nicaragua, at the same time, laid claim to the territory as far as the 
Sarapiqui river, and to^the farm of " San Alfonso;" the river discovered by 
the Costa Ricans, and the farm in the possession of French settlers who 



-derived their title from Costa Rica. The commissioners of the State of 
Costa Rica insisted firmly on the river San Juan, the lake, and the river 
La Flor as their boundary. Nevertheless, as a means of facilitating a 
final settlement, they were induced to offer some pecuniary sacrifices, and 
finally again proposed to have all the differences properly settled by arbi- 
tration. 

Messrs. Zavala and Pineda were appointed by Nicaragua to treat with 
the representatives of Costa Rica. But those commissioners having been 
unjustly assailed, by their political adversaries, through the public press, 
as being from private considerations favorably disposed towards Costa 
Rica, were not able to carry on the negotiations as they would otherwise 
have done. They, consequently, did not succeed in bringing about a 
compromise of the conflicting interests of the two States, as we believe 
■they were desirous to do. They applied for, and adhered strictly to the 
instructions given to them by their Government. 

The respective legations, however, desirous of preventing a rupture, at 
least for some time, resolved to draw up and sign three different treaties, 
each one equally preposterous, as will be seen in the sequel. The first 
establishing an offensive and defensive alliance, a measure obviously re- 
pugnant to Costa Rica, whose Government was not willing to be involved 
in the frequent quarrels of Nicaragua with the other States. The second 
treaty referred to the navigation of the San Juan. It was therein provided 
that all merchandise, passing through San Juan to and from Costa Rica, 
was to pay at that port certain duties of tonnage and storage, and at the 
same time a duty of two reals (25 cents) per hundred pounds weight on 
all produce exported, and four per cent, on all kinds of imports. That 
treaty, moreover, included, amongst other provisions, several clauses in 
regard to San Alfonso, considering that locality as if it had been a dis- 
puted territory. The third treaty had reference to the questions of 
boundaries, and it was therein stipulated that the question respecting San 
Juan should be submitted to such arbitration as should be subsequently 
agreed upon ; and that the question of Guanacaste should be referred to 
the Governments of Guatemala and Honduras, with authority to select an 
-umpire, if one should be needed. 

These treaties, as it is natural to suppose, were instantly approved by 
Nicaragua, whilst in Costa Rica they only excited the just indignation of the 
people, It is obvious that the latter State could not consent to the con- 
templated arbitration, or to any agreement whatever, so long as it was 
couched in terms, or involved premises,*impairing its rights and condition 
even before a verdict could be given. 

There is, consequently, very little reason, if any, for reproaching Costa 
Rica with disloyalty or inconsistency of conduct. If she has constantly 



24 

endeavored to avoid disputes, it is to be accounted for as the result of neces- 
sity and of the threatening attitude of her neighbors. But no charge involv- 
ing the violation of any solemn compact, or the non-fulfilment of any en- 
gagement whatever, can be brought against her. Treaties are never con- 
sidered as binding until they are ratified by both the contracting parties. 

We repeat, that the party which has broken faith, and which dealt the 
last and fatal blows to our lamented Union, is certainly Nicaragua, by hav- 
ing been the most forward to exercise independent sovereignty, as she 
did when suing for the protection of King Louis Phillippe, when negotiat- 
ing with the sister of the King of Mosquito, when disposing of the waters 
and territories over which the contemplated inter-oceanic communication 
is to pass, and in many other instances. 

Neither can it be understood how Nicaragua can blamg Costa Rica for 
claiming foreign interference, even if it were that of the Emperor of 
China, since the former State was the first to set such an example when, 
in 1839 and 1840, it invoked the mediation of Great Britain in its contest 
with the Federal Government. 

It is well known that even the United States themselves, the classical 
land of freedom, in their war of independence, accepted the assistance of 
France, a European monarchical power ; and if this country were not 
now able, as it is, to cope with any other power upon earth, who can 
doubt that, in case of a struggle, it would look for allies and help from' 
abroad ? 

Although the existence of a Protectorate of Great Britain to Costa Rica 
has always been a fable, yet, in interest and honor, the former nation can- 
not be indifferent to the rights of the latter. The United States have the 
same motives — we mean of justice and philanthropy — to sustain them; as 
ma)^, indeed, be said of other maritime nations. 

The homogenity of origin, of race, language, institutions, and religion, 
are indeed sacred ties, and should have influenced the conduct of Nica- 
rauga in a proper manner, instead of being put forward as a justification of 
the desire to tyrannize over a smaller State. 

Notwithstanding all that has been said to the contrary, it is a fact, that 
Costa Rica did not come to the resolution of resorting to the extraordinary 
means of self preservation, which instinct suggested, until she had ex- 
hausted all the measures that prudence and a fraternal feeling dictated, in 
order to arrive at an amicable settlement of her differences with Nicaragua. 
When, on the 20th May, 1848, it addressed to the Government of that 
State a communication, to the intent that the construction of a public road, 
available for carts, to the Sarapiqui river was in contemplation, but that 
the execution of such a scheme would not alter the dispositions of the 
Costa Rican Government to conclude with Nicaragua at a future day a 



25 

treaty with reference to the port of San Juan, so soon as said port should 
be returned to the latter State, the only object in view was to give Nica- 
ragua a new proof of our consideration. A civility which was returned by 
an intimation that war would ensue if the execution of the proposed work 
was not delayed until the questions of boundaries were settled. 

Many angry comments and complaints have been made with respect to 
the effusions of a journalist who, writing at San Jose for a non-official 
journal on the subject of the occupation of San Juan by the English 
forces, seemed to applaud that measure. 

We say, in reply to this, that the opinions of a private individual, of 
whatever nature they may be, cannot be taken as expressing the senti- 
ments of a whole community; that the writer was not even a native of 
Costa Rica; and that he perhaps was actuated in his writings by feelings 
of the deepest regret, excited by a general view of the erroneous course 
pursued by the Central Americans, by vexation at their endless feuds, at 
the neglect of their most important interests, and at the injustice com- 
mitted by Nicaragua towards Costa Rica. He doubtless at that moment 
confined his attention to the immediate advantages accruing to Costa Rica 
from the occupation of San Juan by an enlightened government, that has 
always followed, in questions of mercantile intercourse with the rest of the 
world, the most liberal policy, and which was not likely to levy excessive 
duties of transit at the port in question. 

We have already given the reasons why Costa Rica refused her ratifica- 
tion of the treaties signed on the 12th December, 1846. It will, however, 
soon be seen that that State did not neglect to propose, though fruitlessly, a 
modification of the above mentioned treaties, and that it always showed 
a friendly disposition towards the Cabinet of Leon in its official corres- 
pondence. 

Thus, a new envoy (the third who has been sent by her) was credited 
for that purpose by the appointment of Don Felipe Molina, the writer of 
the present essay, as plenipotentiary from Costa Rica to the Government 
of Nicaragua. Mr. Molina arrived at Leon on the 11th September, 1848, 
three or four days after Mr. Castellon had left for London to demand the 
delivering up of San Juan. Mr. Molina met with a most cordial reception 
from Director Guerrero and his Secretaries, but he was not more success- 
ful in the end than his predecessors had been. 

We shall proceed at once, for brevity's sake, to speak of that mission, 
although it does not properly belong to this part of our work. 

Don Gregorio Juarez was appointed, on the part of the Government of 
Nicaragua, to enter into negotiations with Mr. Molina, who proposed to 
waive all discussion, whether verbal or written, and to confine themselves 
to devising the means of coming either to a provisional or a definite arrange- 



26 

ment of the questions at issue, in order to avert or remove the probability 
of a collision. He consequently recommended that no protocol should be 
drawn. Instead of agreeing to this proposition, the commissioner, Mr. Jua- 
rez, took possession of the notes carelessly drawn up by Mr. Molina on bits 
of paper, and returned next day with a long reply, drawn up in a formal, 
argumentative style; and a voluminous protocol was in this way created, 
■ending in nothing substantial. But it is apparent that Mr. Molina always 
endeavored to avoid discussion, and to come to an arrangement, calling the 
attention of Nicaragua to the pressing necessity of so doing, even if it were 
a temporary one, as being indispensable to the welfare of both countries. 

Accordingly, Mr. Molina tried various ways, and made overtures which 
will perhaps be thought uncalled for by persons well acquainted with the 
nature of the rights claimed by Costa Rica, 

These conferences show that the representative of Costa Rica proposed, 
in the way of a final settlement: 

First, a boundary line, drawn from Castillo Viejo (1) to La Flor, ceding 
to Nicaragua the lands comprised between the said line and the shore of 
the great lake, and moreover relinquishing in behalf of Nicaragua certain 
sums for which the latter was and is still a debtor to Costa Rica; (2) or. 

Secondly the recognition of the whole frontier as claimed by Costa 
Eica, to wit, the river San Juan, the southeastern portion of the great 
lake, and the river La Flor, in which case Costa Rica engaged to make 
Nicaragua a larger pecuniary donation. 

In either hypothesis it was, moreover, offered, that should Nicaragua be 
in want of any of the lands remaining in the possession of Costa Rica, in 
virtue of such a transaction, either for the actual construction of a ship 
canal, or for the purpose of ceding them in the form of grants to persons 
undertaking the same, the Nicaraguan Government would be at liberty to 
dispose of such lands to the extent of one or two leagues broad along 
the whole course of the San Juan upon its southern shore, without any 
compensation, and without Costa Rica's pretending to have the least claim 
to a share of the profits of the canal so to be undertaken. Costa Rica 
.always preserving her dominion over such lands. 



(1) In these conferences Mr. Molina, on no other authority but the representations of 
-the Nicaraguans, went so far as to take it for granted that settlements belonging to Nica- 
raguans had formerly existed at Castillo Viejo, besides the military establishments kept 
there. Such was never the case. That locality was not colonized at any period. How- 
ever, admitting for one moment that it had been so, still we hold that this would afford no 
argument against the claims of Costa Rica; since, in that hypothesis, the settlements were- 
within the jurisdiction of Guanacaste. 

(2) Forty to sixty thousand dollars, originating in pecuniary loans. 



27 

Mr. Molina also proposed that, in regard to Guanacaste, the wishes of 
the inhabitants of that district should again be inquired into by joint com- 
missioners of the two countries. 

But all this was useless, Costa Rica being placed in the dilemma of 
being obliged to make an absolute renunciation of her rights in the San 
Juan and the Sarapiqui, or give up Guanacaste; a thing quite out of the ques- 
tion, since the former rivers are destined to be the great highway of the 
country into the Atlantic, and the Guanacaste is covered with towns and 
farms beloging to Costa Rica. 

As a provisional settlement Mr. Molina proposed : 

1st. To submit the various questions pending to the decision of some 
foreign power, such as Chili, Venezuela, Belgium, or Great Britain. 

2d. To appoint as umpire the Government of the Republic of Guatemala. 

3d. To conclude a treaty of amity, commerce, and navigation, appa- 
rently advantageous to both countries, but in reality benefiting only Nica- 
ragua, and by which both contracting parties should engage to settle their 
differences in an amicable manner, to be agreed upon within ten years. 

In that treaty, international trade was declared entirely free; an im- 
mense advantage to Nicaragua, who supplies Costa Rica with several de- 
scriptions of produce, whilst Costa Rica sends nothing to the market of 
Nicaragua except tobacco on account of the Government of this latter State. 

In conformity with the above premises the negotiating plenipotentiaries, 
in two different instances, arrived at the point of agreeing upon and sign- 
ing treaties which appeared to be concluded on the 21st and 29th Septem- 
ber, of the year 1848. But in neither case was any result produced ; for 
the Nicaraguan commissioner, in both instances, changed his mind at the 
last moment, and withheld his final assent — a most irregular proceeding, 
which the impartial reader will know how to appreciate. 

The world can well judge of the disposition of Nicaragua when, after as- 
senting to the appointment of Guatemala as umpire, she insisted upon in- 
serting in a contract agreeing to said arbitration clauses prejudicial to Costa 
Rica, and amounting to a total denial of her rights. 

This incident is the strongest evidence that Nicaragua was not actuated 
by feelings of good faith ; that she did not enter fully and frankly into 
the contemplated arbitration as Costa Rica did; as any party would do 
w^hen, though fully convinced of the legitimacy of its rights, yet relying 
on the justice of the same, it submits them to the judgment of disinterested 
parties, for the satisfaction of the world, and for the sake of maintaining 
peace with its antagonist. 

The forbearance of Costa Rica went so far as to offer to Nicaragua the 
payment of certain storage duties for the use of her warehouses in San 
Juan, when she should recover the possession of that port. Instead of this, 



28 

it was required that payment should be made immediately; that Nicaragua 
should be at liberty to establish a custom-house at the mouth of the Sara- 
piqui river, where no such establishment had ever existed, for the pur- 
pose of collecting duties on the trade of Costa Rica; which proposition 
was quite inadmissible, as it might be construed into a recognition of the un- 
founded pretension of Nicaragua to the exclusive navigation of the San Juan. 

Mr. Castellon, the representative of Nicaragua in London, seems to have 
forgotten these particulars in the statement he wrote under date of 7th July, 
1849, although he kept, for months, in his possession a copy of the proto- 
col. Let it, therefore, be distinctly understood, that no terms were proposed 
by Nicaragua except those above stated. 

It was thus that each act of deference from the one party was followed 
by an unreasonable demand from the other, and Mr. Molina soon perceived 
that a settlement of the question by arbitration was the last thing Nicaragua 
wished ; that the Nicaraguans acted under an exaggerated conception of 
the advantages they were to reap from the negotiations which their envoy, 
Mr. Castellon, was about to open with the British cabinet ; and, finally, 
that they thought to have the whole world in their power. They even 
looked with indifference on the possibility, hinted at by Mr. Molina, that 
Costa Rica would appeal for support to any foreign power. This candid 
and straightforward manifestation was construed into a design, on the part 
of Costa Rica, to put in jeopardy the territorial integrity of the country — a 
design which Costa Rica never entertained, and which Mr. Molina officially 
disclaimed in his last communication to Mr. Juarez, dated October 3, 1848. 

He consequently took leave, in obedience to his instructions, and in 
order to avoid being trifled with any longer by that extraordinary diplo- 
macy ; and, as he had announced his intention of doing, he proceeded to 
England, to the Government of which country he was accredited as-esvoy 
extraordinary and minister plenipotentiary.* 

FIFTH PERIOD. 1847—1851. 

ENTIRE SEPARATION OF THE STATES OF CENTRAL AMERICA, AND THEIR 
BECOMING INDEPENDENT REPUBLICS. 

During Mr. Molina's mission to Nicaragua, the final separation of Costa 
Rica from her former sister States took place, by a solemn declaration dat- 
ed 31st August, 1848, when that State assumed the character of an inde- 



*The refusal of Nicaragua to listen to Mr. Molina's overtures should by no means be 
ascribed to moderation, but to the hope of arranging all matters elsewhere, with equal, if 
not greater, advantage at the expense of Costa Rica. 



29 

pendent nation, which it had practically enjoyed during the preceding ten 
years. Guatemala had given the example, and the remaining States of 
San Salvador, Honduras, and Nicaragua, though maintaining an ambiguous 
position, according to their views in each particular case, had shown, by 
repeated fruitless attempts, their inability to organize any general govern- 
ment whatever. It is notorious that each of those States has constantly 
exercised by itself the highest attributes of sovereignty, such as that of 
sending ministers to foreign powers ; issuing monetary and commercial 
regulations; reforming the laws of naturalization, &c., &c. Suffice it to 
mention, amongst other facts, the missions of Messrs. Castellon and 
Marcoleta, as ministers of Nicaragua and Honduras, to several European 
courts ; that of Mr. Carache to the United States, and that of Mr. Igna- 
tius Gomez to Rome, (a) (See appendix.) 

What, then, had Costa Rica to expect ? It was necessary, in order to 
open diplomatic relations with other powers, that her position should be 
defined, and this was done by means of the memorable declaration above 
alluded to. (b) 

Mr. W. D. Christie, British consul general for Mosquitia, made at that 
moment his appearance in San Jose, and the Government of the Republic 
received and welcomed him as was due to his personal merit, to the nation 
he represented, and to the mutual good understanding existing between 
both countries. No one, however, can reproach Costa Rica with having, 
by her reception of Mr. Christie, compromised, or intended to compromise, 
the interests of the other States of Central America in regard to the Mos- 
quito question; and, this is more than the Government of Nicaragua can "^ 
say in its own behalf, that State having entered into contracts for the con- 
struction of the ship canal without the concurrence of Costa Rica ; and, 
in so doing, having made extensive grants of lands belonging to Costa 
Rica, as if such lands had been the undisputed property of Nicaragua. 

Notwithstanding Mr. Molina's mission to London to ask the support, or 
at least the mediation, of Great Britain, (c) the Government of Costa Rica, 
did not, on that account, cease to try different expedients, in order to pro- 
mote an amicable solution of the question. Agreeably to that desire, and 
at the suggestion of the aforesaid minister, the Government authorized him 
to negotiate with Mr. Castellon in London, and invited Nicaragua to send 



(a) The Government of the United States and other powers, have treated with all those 
States considering them as distinct nationalities. 

(b) Congress passed it iii virtue of its constitutional powers at the petition of all the 
municipalities, those of Guanacaste included. 

(c) It must be recollected that the Government of the United States appeared to take 
little interest in the affairs of Central America up to that date. 



30 

equal powers to Mr. Castellon, so that they might, whilst both iq England, 
conclude a treaty between their respective countries, (a) 

The Nicaraguan Government refused to listen to such invitations, and did 
not authorize its representative to enter into the proposed negotiation. 
Mr. Castellon, it is true, proposed to Mr. Molina that they should sign a 
treaty upon their own responsibility. But Mr. Molina, fully aware of the 
little probability there was that the Government of Nicaragua would ap- 
prove such a treaty, declined the proposal. 

Is there a person endowed with common sense, who, aware of these 
premises, could expect that the representative of Costa Rica would second 
that of Nicaragua in its claims with reference to the Mosquito coast ? It 
will consequently appear singular that Mr. Castellon should address a 
despatch to Mr. Molina on the subject, and that the better to persuade 
him, the Nicaraguan minister should therein refuse to Costa Rica the title 
of Republic, a title which foreign nations have acknowledged, and by 
which Nicaragua is already at the present hour styling herself. We men- 
tion these trifling incidents in order to give an insight into the spirit which 
has actuated Nicaragua in the course of the unfortunate events to which 
we are alluding. 

The foregoing is an exact account of what has taken place in regard to 
the boundary questions between the two countries. We believe that it is 
enough to present the facts in order fully to establish the justice of the 
course adopted by Costa Rica. 

The Republic relies for its support on the good will and friendly offices 
of all powers who have recognised its independence, (b) The American 
Government, through its worthy representatives in London, Mr. Bancroft 
in the first instance, and through Mr. Lawrence afterwards, expressed its 
readiness to use its good offices with the view of facilitating the settlement 
of the pending disputes between the two countries. The Costa Rican 
minister accepted with eagerness that philanthropic offer (c) which we 
find subsequently embodied in the ship canal convention, concluded 

(a) " The Costa Rican minister eissured me that he has full powers to come to a settle- 
ment, but neither Mr. Castellon nor Mr. Marcoleta has such full powers." Mr. Ban- 
croft to Mr. Clayton, London, May 30, 1849. 

(b) The Republic of Costa Rica has been recognised by the United States, Spain, 
France, Great Britain, the Holy See, the King of the Two Sicilies, the Hanseatic Towns, 
and the Republic of Guatemala. 

(c) See despatch of Mr. Lawrence to Mr. Clayton, dated London, 8th February, 1850. 
" The agent of Costa Rica (he states) having full authority responded most heartily, and 
as he thought thankfully, for the mediation that might be proifered in the settlement of 
their disputes. 

" The Nicaraguan minister not having authority to enter into stipulations of the char- 
acter indicated, said that he was not prepared to act." 



31 

between the United States and Great Britain, as it appears by the follow- 
ing provision : 

" Art. 6. The contracting parties to this convention engage to invite every State with 
■which both or either have friendly intercourse, to enter into stipulations with them similar 
to those which they have entered into with each other, to the end that all other States may 
share in the honor and advantage of having contributed to a work of such general interest 
and importance as the canal herein contemplated ; and the contracting parties likewise 
agree, that each shall enter into treaty stipulations with such of the Central American 
States as they may deem advisable, for the purpose of more effectually carrying out the 
great design of this convention — namely, that of constructing and maintaining the said 
canal as a ship communication between the two oceans for the benefit of mankind, on 
equal terms to all, and of protecting the same; and they also agree, that the good offices 
of either shall be employed, when requested by the other, in aiding and assisting the nego- 
tiation of such treaty stipulations ; and should any differences arise as to right or property 
over the territory through which the said canal shall pass, between the States or Govern- 
ments of Central America, and such differences should in any way impede or obstruct the 
execution of said canal, the Governments of Great Britain and the United States will use 
their good offices to settle such differences in the manner best suited to promote the inter- 
ests of the said canal, and to strengthen the bonds of friendship and alliance which exist 
between the contracting parties." 

In presence of the preceding agreement, the Government of Costa Rica 
has already expressed its unqualified assent to the mediation, and its wil- 
lingness to submit without reserve to the arbitration of the two powers. 
Great Britain and the United States. 

It remains to be ascertained what will be the resolution of Nicaragua on 
this subject. 

Thus the matter stands. 

We will not pass in silence a very remarkable portion of the memoir on 
this question circulated by Mr. Castellon, as evincing the degree of blind- 
ness at which a person may arrive when pertinaciously defending any 
given cause. Mr. Castellon says, " that if the waste lands lying on the 
southern bank of the river San Juan were not belonging to Nicaragua, 
then they would be the property of New Granada, rather than of Costa 
Rica." In support of this assertion he brings forward the famous royal 
ordinance of the Spanish Government (1803) placing under the vigilance 
of the vice royalty of New Granada, or, more properly speaking, of the 
naval station existing at Carthagena, all the coast from Cape Gracias a 
Dios to the river Chagres. How easy it is to lose one's way when one 
yields to passion ! It is obvious that the above mentioned decree had the 
character of a temporary measure, adopted only with a view to the defence 
of the coast. If that transient regulation could be construed as supersed- 
ing the right of Costa Rica to the territories on the southern bank, it 
would have an equal effect against the rights of Nicaragua to the terri- 
tories lying on the northern bank; Nicaragua could no longer present any 
justifiable grounds for claiming the Mosquito coast. 



, 32 

If we are to draw any deductions against Costa Rica in respect of the 
royal order in question, the same must stand good against Nicaragua; and 
it would ensue that this latter State possesses no available title for demand- 
ing from the British Government the surrender and return of San Juan, 
and that it has no title to dispute the right of Costa Rica to the southern 
bank, the only lawful propriety whereof, according to the Nicaraguan ver- 
sion, being New Granada. 

Thus it is that the false reasoning of the Nicaraguans falls to the ground 

o o c 

by the weight of its own exaggeration ! 

The question at issue is between Costa Rica and Nicaragua, and Mr. 
Castellon calls to his assistance the pretensions of a third party, excluding 
the rights of the two former ! 

The argument drawn from history, that the municipii of Rome did not 
€xercise sovereignty in order to prove that Guanacaste could not annex 
itself to Costa Rica, can only be viewed as a proof of the erudition of its 
author. We take it for granted that, in the normal state of any nation, 
the municipal corporations, units, or fractions of a commonwealth, cannot 
separately legislate, declare war, nor make peace; but this rule will not 
apply to a country in a state of revolution and disorganization. Then, as 
we have asserted, the people are their own masters, whether a small 
village or a large city; whether an aggregate of villages, towns, or cities, 
under any given denomination. According to that eternal principle, the 
district of Guanacaste annexed itself to Costa Rica during our two great 
revolutions, viz., the emancipation from the mother country, and the disso- 
lution of the Federal Government, (a) 

It is asserted that Nicaragua did not give its assent to the decree of the 
Federal Congress, issued on the 9th December, 1825, whereby the annex- 
ation of Guanacaste to Costa Rica was approved. Even if we take this for 
granted, (and it has not been proved,) such an objection would be of no 
value at all. The will of the whole confederation, coupled with the will of the 
people immediately concerned, should surely be considered of more weight 
than the opposition of a third party which had no assured existence as yet, 
and which never possessed any authority over that people after it had 
achieved its independence. 

It is alleged that the towns of Guanacaste petitioned at the time against 
their annexation to Costa Rica. It is true we have been told that there 
was one individual who made such a petition; but even if there were 
more, they must have formed a minority too insignificant to be worthy of 
consideration, since Congress adopted a contrary resolution to their opinion. 

(a) That resolution has been confirmed in four successive conventions, held in Costa 
Rica, in 1838, 1842, 1843, and 1847, to which Guanacaste has concurred. 



33 

It is moreover objected that the Government of Costa Rica itself, con- 
vinced of its precarious title to Guanacaste, ordered the sale of public 
lands in that district to be suspended there. This would only prove the 
circumspection of that Government, and moreover it refers to the early 
period of the annexation. 

It is finally asserted that the dissolution of the Federal Congress having 
taken place without its decreeing the demarkation of the boundaries of the 
States, Costa Rica forfeited all right over Guanacaste. This is exact to a 
certain extent; but it is no less so that the inhabitants of the district, by a 
new act of their own will, sovereign and all powerful in times of revolu- 
tion, again gave to Costa Rica the strongest of all rights over their ter- 
ritory. 

Assuredly Costa Rica had a better title than any body else to retain de- 
finitively that which had been at first annexed to her only provisionally. 
None of the other States held so favorable a position for forming a lasting 
connexion with Guanacaste as Costa Rica. The will of the population; 
the facilities for trade afforded to the inhabitants of the district; the geo- 
graphical situation of the same; the preference, although in a provisional 
sense, shown by the Federal Congress; the uninterrupted possession dur- 
ing 27 years dejure and de facto; every thing, in short, combines to legal- 
ize the claims of Costa Rica, and to sanction forever a condition of things 
so much in accordance with the interests and sentiments of the district. 

The interests, indeed, of the inhabitants of Guanacaste will always in- 
cline them to maintain the annexation. Under the mild and peaceful ad- 
ministration of Costa Rica, under her liberal and fostering laws, they are 
never exposed to the ravages of civil war, nor to continual troubles and 
disturbances. The towns of the district are separated from Nicaragua by 
an uninhabited tract of country of considerable extent, whilst they are close 
to the towns of Costa Rica. For the purpose of foreign trade they have 
the port of Punta Arenas at their very threshold ; and for internal traffic 
they find an extensive field in the other neighboring districts of the same 
Republic. Finally, by the identity of customs and regulations, as well as 
particular character, from the effects of their long and intimate connexion, 
they have become, in the lapse of time, entirely amalgamated with the 
Costa Rican people. 

Casting a glance upon a map, one cannot fail to recognise that, in keep- 
ing Guanacaste, the Republic of Costa Rica only defends its natural boun- 
daries. Every part of the district is connected with some of the central 
towns of Costa Rica, and separated from Nicaragua by geographical obsta- 
cles. The Costa Ricans possess there a large number of farms, and the 
Nicaraguans not a single hut. As we have said, a vast tract of unculti- 
vated land divides Guanacaste from Nicaragua. Nature appears to have 
3 



34 

taken care to trace itself the boundaries of Costa Rica, and to include Gua- 
nacaste in her territory. 

Whatever might be in old times the line of division between Costa Rica 
and Nicoya, it is evident that the southern banks of the river San Juan 
belonged to the one or the other. To whatever point the territory of the 
one is considered to recede, to that point the territory of the other must be 
entitled to advance ; consequently, now that those two countries are con- 
sohdated into one, it appears almost superfluous to investigate which was 
the division line in olden times, and there is no room to question the jus- 
tice with which Costa Rica claims the whole course of the river San Juan 
as her frontier. 

But supposing the boundaries between Costa Rica and Nicaragua not to 
have been distinctly fixed in old times, except at a few points, it must be 
taken into consideration that both countries were once united and under 
one government ; consequently, it appears that the unoccupied lands ought 
to be assigned in just proportion to the two States, and a distinct and con- 
venient frontier adopted. This proposal appears the more reasonable when 
it is considered that Costa Rica claims in her own right and that of Gua- 
nacaste, and that in the event of the Mosquito coast being restored to Nicara- 
gua, that State will possess a great extent of territory. If any portion of 
the territory on the southern bank of the San Juan does not belong to Costa 
Rica or to Nicoya by a clear title, it ought still to be given to us for the 
aforesaid reason. 

When the constitutional system was established in Spain, in the year 
1812, the district of Nicoya was, by a decree of the Spanish Cortes, in- 
corporated with Costa Rica in all that regarded the election of representa- 
tives, both to the Cortes and to the Provincial Assembly (Diputacion Pro- 
vincial.) This circumstance is only mentioned to show, that the above 
mentioned district is destined by nature to belong to Costa Rica, to which 
country it was for some time annexed, in all respects, during the middle of 
the 18th century. 

Not only does Nicoya belong to Costa Rica on the strong basis of the 
popular will, but we have already added that of transfer or tradition from 
the Crown of Spain, according to a treaty, from which we shall give the 
following extract : 

" Article 1. Her Catholic Majesty, in exercise of the authority belonging to her, in 
conformity to a decree of the General Cortes of the kingdom, issued under date of the 4th 
of December of 1836, does renounce forever, in the most formal and solemn manner, on 
her behalf and on that of her successors, the sovereignty, rights, and titles that appertain 
to her, over the American territory lying between the Atlantic ocean and the Pacific, to- 
gether with its adjacent islands, formerly known by the name of the Province of Costa 
Rica, at present the Republic of the same name, as well as over all the other territories lohich 
may have been incorporated into said Republic. '' 



35 

" Article 2. Her Catholic Majesty, in consequence, does recognise the Republic of 
Costa Rica as a free, sovereign, and independent nation, with all the territories of which U is 
actually composed, (constituted,) or of which it may henceforth be comnosed." 

Amongst other powerful arguments in support of the p'^.nexation, let us 
mention the fact that the Government of Costa Rica has discharged the 
share of the foreign debt belonging to Guanacaste. Costa Rica, in fact, 
paid off, in 1838 — 1843, one-twelfth part of the debt which Central America 
owed to British bondholders. It was apportioned among the States in the 
ratio of the population; and, consequently, not only was Guanacaste in- 
cluded in the calculation as a part of Costa Rica, but the entire population 
of Central America being estimated at 1,428,000,* and that of Costa Rica 
at from 95 to 100,000 souls, it follows that Costa Rica paid more than her 
share.' 

Costa Rica, in like manner, has engaged by treaty with Spain to pay off 
her share of the old domestic debt of the country, Guanacaste included, as 
appears by the following extract: 

" Article 15. The Republic of Costa Rica engages to discharge the share in the old 
colonial domestic debt, contracted by the Spanish Government and its authorities in the 
ancient Captain Generalship of Guatemala, up to the day of the independence, that may 
belong to the ancient Province of Costa Rica, and to those territories now composing the 
present Republic of Costa Rica." 

(Treaty of peace and amity between Her Catholic Majesty and the Re- 
public of Costa Rica, signed at Madrid, on the 10th May, 1850, and ex- 
changed on the 21st December of the same year.) 

In conclusion, Costa Rica unites on her side, as we have shown, right, 
possession, and expediency; and it may be easily conceived that, after 
twelve years of fruitless exertions for an amicable arrangement, the Re- 
public will no longer feel disposed to make any sacrifice of her rights, but 
will insist on maintaining her line of natural frontier, and on having the 
questions tried by arbitration. 

We think we have said enough for the proper understanding of the 
boundary differences, and of the negotiations relative thereto; negotiations 
in which one of the parties has shown the greatest forbearance, whilst the 
other has acted in a very different spirit. 

The presentation to the public of this report has been considered by the 
author as a duty he owed to truth, to Costa Rica, and to himself. He 
hopes he may have discharged it in a becoming and frank tone; for al- 
though, on the one hand, he has the honor of being the devoted servant of 
Costa Rica; on the other hand, Nicaragua is dear to him as a member of 
the old Union, and a portion of the same society which he used to regard 
as his beloved country. 



*Baily's Central America. Published by Trelawney Saunders, 6 Charing Cross, London. 



36 

After having endeavored to present a clear statement of the whole sub- 
j ect, it only remains for him to*' say, that the Republic of Costa Rica • 
solemnly protes'^s against any privileges or grants of lands conceded, or 
contracts enteral into, by the Government of Nicaragua with citizens of 
any country, affed,ting the just rights of the Republic. 

On the other hand, the Republic is disposed to afford every facility in 
her power for the execution of the contemplated ship canal through Cen- 
tral America. 

summary: 

We believe we have clearly demonstrated, in the preceding pages— 

Istly. That Guanacaste belongs to Costa Rica : 

By the free will of the people of that district. 

By the resolution of the Federal Congress. 

By an undisturbed possession during 27 years. 

By the cession of Spain in favor of Costa Rica. 

By the payment of its share in the foreign debt by Costa Rica. 

By the liability for its share in the colonial domestic debt, which Costa 
Rica has taken upon herself. 

2dly. That Guanacaste belonged to the province, but never to the State or 
Republic, of Nicaragua. 

3dly. That when the Federation, now extinct, of Central America was 
framed, the principle that each province becoming a State should main- 
tain its ancient jurisdiction and territories was not adhered to. For in- 
stance, the district of Sonsonate, formerly belonging to Guatemala, was 
separated from this province, and incorporated with Salvador. 

4thly. That the Federal Congress possessed constitutional authority to de 
clare the annexation of Guanacaste to Costa Rica. 

5thly. That the provisional character given to that measure cannot be 
regarded as continuing to exist after the destruction of the political order 
of things to which it referred. 

6thly. That when that change took place the people of Guanacaste, in 
exercise of their natural liberties, were justified in consummating, as they 
did, their final incorporation into Costa Rica. 

Tthly. That the title of " the RepubUc of Costa Rica" to the southern 
shore of the harbor of San Juan is established beyond all question, as the 
boundary belonging to the old province of Costa Rica. 

Sthly. That the right of the " Republic of Costa Rica" to claim for its 
frontier the whole course of the river San Juan, from the Atlantic to the 
lake, is likewise established in virtue of the right thereto of the ancient 
province of Costa Rica, and in that of the old district of Jficoya ; for at 



37 

whatever point the territory of tke one is considered to terminate, there 
the territory of the other must begin. 

9thly. That the title of the Republic of Costa Rica to the boundary of 
Lake Nicaragua, from San Carlos to La Flor, is established on the right of 
the old district of JVicoya. 

lOthly. That the claim of the Republic of Costa Rica to the joint navi- 
gation of the river San Juan and Lake Nicaragua rests both on the right 
possessed by the ancient province of Costa Rica and by the ancient district 
of Jiicoya. 

llthly. That Costa Rica took only z passive part, and Nicaragua a very 
active one, in promoting the dissolution of the late Central American Con- 
federation. 

12thly. That the dissolution of the old Union was consummated through 
the agency of Nicaragua, by the fact of her negotiating on her own and 
sole account with foreign powers, with foreign speculators, and even with 
a Mosquitian princess, violating thereby the engagements entered into 
with Costa Rica in regard to territorial questions. 



APPENDIX 



Since the first publication of the present Memoir, an attempt has been 
made by the Governments of Salvador, Honduras, and Nicaragua, to re- 
store the Union under a new confederacy. Treaties to this effect were 
concluded in 1850 by the above mentioned States, and, according to their 
new compact, the confederacy is to be represented by a Diet of six dele- 
gates, two for each State, appointed by its respective legislatures; but as 
such Diet is to have no direct hold over the people of the States, and pos- 
sesses neither revenues nor arms, except such as the go'i^ernments of the 
several States may be willing to afford, the nuUity of the Union requires 
no comment. Under this impression the Republics of Guatemala and 
Costa Rica have abstained from joining it. 

Nicaragua, mean while, in spite of the new federal compact, has continued 
to negotiate treaties with foreign powers, and to act without any restraint 
in her sovereign capacity. 

We are rather inclined to think that, in forming the confederacy, each 
of the contracting parties has been actuated by peculiar motives of its own. 

Very soon after the confederacy had been organized, the Government 
of Honduras, conscious of its nullity, started another project, viz., that of 
a national convention of representatives elected by the people of all the 
States, in the ratio of one for every thirty thousand inhabitants, with au- 
thority to create a really national government. The project was rejected 
by all the States, except Salvador, and of course led to no result. Nica- 
ragua positively repelled it. Guatemala and Costa Rica saw that the pro- 
ject was not seriously entertained by any party. 

This incident proves that a feeling in favor of a general union does not 
prevail in Central America ; and however discouraging it may be to ad- 
mit the fact, we must acknowledge that the majority of the inhabitants of 
that country are not in a condition to appreciate the advantages of a com- 
mon government, which would alone give to the country the respectability 
it is entitled to. 

A sectional spirit has been developed in every State. To consolidate 
them into one compact nation appears to be out of the question. 

The adoption of a system, similar to that of the American Union, and 
which existed in Central America from 1823 to 1840, would require the 



40 

renunciation on the part of each of the States of some branches of revenue, 
in order to form a federal treasury ; but the financial resources of the 
States are at present so limited, that they are not likely to be willing to 
part with any portion of such resources. 

Influential parties exist in each State who have now the uncontrolled 
management of every public concern, and who will never be persuaded to 
any diminution of their power. 

The last of all, though by no means the least difficulty, would be that of 
agreeing on the choice of a capital, the rivalship between the different 
States being so remarkably strong. 

These considerations confirm us in the belief, that the only feasible 
mode of settling affairs in Central America would be the alliance of all the 
States, and their managing in concert their foreign relations. 

The Diet of Salvador, Honduras, and Nicaragua has recently met in 
Chinandega ; but there is little probability of its deliberations leading to 
any satisfactory result, and we question whether it will be enabled to do 
any thing really beneficial to the country. 

Would to God that it may happen otherwise, and that the Diet may lay 
the foundations of a new and lasting political union between the Central 
American communities ! 



Map of tiiLe RepMllic 

OSTA-HICA 

as it a r 111 ally is in 

1851 
niid liaslieen .since 1825. 




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